Free Motion for Judgment Debtor Exam - District Court of Connecticut - Connecticut

Case 3:00-cv-00124-SRU

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Filed 04/28/2006

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UNITED STATES DISTRICT COURT DISTRICT OF CONNECTICUT
CHARTER COMMUNICATIONS ENTERTAINMENT I, LLC d/b/a CHARTER COMMUNICATIONS OF WESTERN CONNECTICUT,
Plaintiff,
v.

CIVIL ACTION
NO. 3:00CV0124 (SRU)

CARYN TROTTA,
Defendant.

APRIL 27, 2006

PETITION FOR EXAMINATION OF JUDGMENT DEBTOR

Plaintiff Charter Communications Entertainment I, LLC d/b/a Charter Communications
of

Western Connecticut ("Charter") moves, pursuant to Fed. Rule Civ. Pro. 69 and Conn. Gen.

Stat. § 52-397, for an order compelling Defendant Caryn Trotta ("Defendant") to appear in
court to be examined under oath concerning any property and means of paying the judgment

rendered against her by this Court on October 20, 2000 in this matter. (A copy of the judgment
is attached hereto as Exhibit A.)
"In proceedings on and in aid of execution" of a judgment, Fed. Rule. Civ. Pro 69

explicitly adopts the procedure of the state in which the District Court sits. More specifically,
Fed. Rule Civ. Pro. 69, explicitly adopts state court procedures permitting the judgment creditor "to obtain discovery from any person, including the judgment debtor, in the manner

provided in these rules or in the manner provided by the practice ofthe state in which the

Case 3:00-cv-00124-SRU

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district court is held." Thus, Connecticut state law governs post-judgment discovery in this
matter.

Connecticut state law permits a judgment creditor to obtain discovery regarding the
location of

the judgment debtor's assets. See Conn. Gen. Stat. § 52-351b. Ajudgment

creditor must commence the post-judgment discovery procedures by first serving

Post-Judgment Interrogatories. Conn. Gen. Stat. § 52-351 b(a). These Post-Judgment
Interrogatories may be served on the judgment debtor, a financial institution, or on any third
party the judgment creditor reasonably believes may have assets of

the judgment debtor. These

Interrogatories are in a form prescribed by the State of Connecticut Judicial Branch, and are to

be served by certified mail, return receipt requested. Id. "The person to whom interrogatories
are directed shall answer the interTogatories and return them to the judgment creditor within

thirty days. . . ." Id.
If

that person fails to answer the Post-Judgment Interrogatories, Connecticut law

provides that the judgment creditor may seek to examine the judgment debtor under oath in

court. Specifically, Conn. Gen. Stat. § 52-397 provides:
Any judgment debtor, an execution against who has been returned unsatisfied in whole or in part or who has failed to respond within thirty days to any post judgment interrogatories served pursuant to section
52-351 b, may be examined on oath, in the court location where the

judgment was rendered, concerning his property and means of paying such judgment. . . .
Here, Charter served upon the Defendant Caryn Trotta post-judgment interrogatories on

March 6, 2006. (A copy ofthe Interrogatories and the post office certification card are

-2-

Case 3:00-cv-00124-SRU

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attached hereto as Exhibit B.) The Defendant has failed to respond to those Interrogatories within thirty (30) days. Accordingly, Charter petitions this Court, in accordance with
Connecticut state law, for an order compelling Defendant to appear in Court as soon as
practicable to testify under oath regarding her assets and means of satisfying the judgment.
CONCLUSION

For all the foregoing reasons, Charter's Petition for Examination of Judgment Debtor
should be granted.
PLAINTIFF - CHARTER COMMUNICATIONS

ENTERTAIMENT I, LLC d/b/a CHARTER COMMUNICATIONS OF WESTERN CONNECTICUT ..
,

Murtha Cullina LLP

CityPlace 1- 185 Asylum Street Hartford, Connecticut 06103-3469
Telephone: (860) 240-6000

Facsimile: (860) 240-6150
E-Mail: nnihalic(0murthalaw.com

Its Attorneys

-3-

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CERTIFICA TE OF SERVICE

I hereby certify that a copy of the foregoing Petition for Examination of Judgment
Debtor was mailed first-class, postage prepaid, on this 27lh day of April, 2006 to:

Caryn Trotta
15263 SW 4Th Terrace

"

Ocala, Florida 34473
,

Case 3:00-cv-00124-SRU

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Exhibit A

v
ENTERT~NT I, LLC
v.

t'f r-.-.i;

UNTED STATES DISTRICT COURT

;~ . S. ;; ¡ S\~\~ ~ ~ .~. :' F;:-- :'..... ". .. ;~ : ..- I ...

DISTRICT OF CONNCTICUT

OCT Zû 8 4~ AM 'un

CHATER COMMCATIONS

d//a CHATER COMMCATIONS
OF WESTERN CONNCTICUT

r ,,C " 1,( ;" I. ¡

3:00CV124 S~

CARYN TROTTA
DEF AUL T JUGMENT

This action came on for consideration before the Honorable Stefan R. Underhill, United
States District Judge, as a result of plaintiffs motion for default

judgment pursuant to Rule 55(b)

of

the Federal Rules of

Civil Procedure. On March 22,2000, a default entered against the
filed a motion for default judgment and on October 17, Decision was filed granting plaintiffs motion and awarding the plaintiff

defendant Carn Trotta. The plaintiff

2000, a Memorandum of

damages in the amount of$5,212.50
Therefore, it is ORDERED and ADJUGED that judgment is entered in favor of

the

plaintiff Charter Communications and against the defendant Caryn Trotta in the amount of

$5,212.50 ($1,500.00 statutory damages, plus fees and costs ot$3,712.50). In addition, the
defendant is permanently enjoined from future violations of 47 U.se. §§ 553(a)(1) and 605(a).

Dated at Bridgeport, Connecticut, this 19th day of October, 2000.

B~C~CE\\JEO
Entered on Docket W
QC1 2. ß 2000

KEVI F. ROWE, Clerk

Ni\l~~ C\l\lW' uP

Case 3:00-cv-00124-SRU
POST JUDGMENT REMEDIES INTERROGATORIES
JD-CV-23 Rev. 4-05 Gen. Stat. §§ 52-321a. 52-351b. 52-352b. 52-361a. 52-361b. 52-400a. 52-400c

Document 17 Filed 04/28/2006 Exhibit B ~
www.jud.state.ct.us

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COURT USE ONLY

POST JRI

FORM JD-CV-23a MUST BE ATTACHED TO THIS FORM
DOCKET NO.

1III1III11III111I1I ~II 11\1 I1I1II 1\11 111111\

r Judicial r Housing r GA No. District Session
ADDRESS OF COURT (No.. street. town. and zip code)

AT USDC NEW HAVEN

3: 00cv00124 (SRU)

915 Lafayette Boulevard, Bridgeport, CT 06604

DATE OF JUDGMENT ORIGINAL AMOUNT OF JUDGMENT

I AMOUNT DUE THEREON

10/20/00
NAME OF JUDGMENT CREDITOR

1$5212.50
OF (Street and town)

1$5212.50

Charter Communications Ent. I 11 Commerce Road, Newtown, CT NAME OF JUDGMENT DEBTOR OF (Street and town)

06470
F_L 34473

Caryn Trotta 15263 SW 47th Terrace, Ocala,
NAME AND ADDRESS OF PERSON BELIEVED TO HAVE ASSETS OF JUDGMENT DEBTOR (If applicabte)
DATE OF SERVICE OF INTERROGATORIES

NAME AND ADDRESS OF PERSON TO WHOM INTERROGATORIES SHALL BE RETURNED

03/06/06

R. Mihalic, Murtha Cullina LLP, 185 Asylum St., Hartford, CT 06103

INSTRUCTIONS
JUDGMENT CREDITOR: Put an "X" in the box next to the questions to be answered on form JD-CV-23a attached hereto. PERSON SERVED WITH INTERROGA TORIES: Answer the questions indicated by OX" on form JD-CV-23a attached hereto. You must disclose assets

of the judgment debtor up to an amount clearly suffcient to satisfy the judgment indicated by the "Amount Due Thereon" above. Place answers in space
provided on form. If you need more room to answer these questions. use the space on the reverse side of form JD.CV-23a or attach additional sheets.

NOTICE

Neither the interrogatories themselves, notice thereof nor objections thereto shall be filed with the court.
The person served with these interrogatories must answer and return them within thirty days of the date of their service

to the person named above.
If the person served with these interrogatories fails, within thirty days, to return a suffcient answer or disclose suffcient assets for execution, or on objection by that person to the interrogatories, the judgment creditor may move the court for such supplemental discovery orders as may be necessary to ensure disclosure including (1) an order for compliance with the interrogatories or (2) an order authorizing additional interrogatories. The judgment creditor may obtain discovery,

including the taking of depositions, from any person served with interrogatories in accordance with procedures for discovery in civil actions without further order of the court. The court may order such additional discovery as justice requires. Failure
to comply with a discovery order may subject the person served to being held in contempt of court. Attorney's fees may be

allowed for counsel at a contempt hearing necessary to enforce such a court order and for counsel at any discovery
hearing required because of the failure to answer these interrogatories.

NOTICE OF RIGHTS TO PERSON SERVED
1. Pursuant to Gen. Stat. § 52-351b, you must reveal information concerning the amount, nature and location

of the judgment debtor's assets up to an amount clearly suffcient in value to ensure full satisfaction of the judgment

with interests and costs.
2. Pursuant to subsection (d) of Gen. Stat. § 52-351b, any party from whom discovery is sought may apply to the court

for protection from annoyance, embarrassment, oppression or undue burden or expense.
3. Certain personal property is exempt from execution. The following list is a description of common classes

of property exempt from execution from a judgment debtor who is a natural person. (Gen. Stat. § 52-352b).
(a) Necessary apparel, bedding, foodstuffs, household furniture and appliances;
(b) Tools, books, instruments, farm animals and livestock feed which are necessary to the judgment debtor

in the course of his or her occupation, or profession, farming operation or farming partnership; (c) Public assistance payments and any wages earned by a public assistance recipient under an incentive earnings or similar program;
(d) Health and disability insurance payments;

(e) Health aids necessary to enable the judgment debtor to work or to sustain health;

(f) Worker's compensation, social security, veterans and unemployment benefits;
(g) Court approved payments for child support;
(Continued on page 2)

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(h) Arms and military equipment, uniforms or musical instruments owned by any member of the militia or armed forces of the United States;

(i) One motor vehicle to the value of one thousand five hundred dollars, provided such value shall be determined
as the fair market value of the motor vehicle less the amount of all

liens and security interests which encumber it;

U) Wedding and engagement rings; (k) Residential utility deposits for one residence and one residential security deposit;
(i) Any assets or interests of a judgment debtor in, or payments received by the judgment debtor from, a plan

or arrangement described in Gen. Stat. § 52-321 a; (m) Alimony and support, other than child support, but only to the extent that wages are exempt from execution under Gen. Stat. § 52-361 a;

(n) An award under a crime reparations act; (0) All benefits allowed by any association Df persons in this state towards the support of any of its members
incapacitated by sickness or infirmity from attending to his usual business;

(p) All moneys due the judgment debtor from any insurance company on any insurance policy issued on exempt
property, to the same extent that the property was exempt; (q) Burial plot for the judgment debtor and his or her immediate family;
(r) Irrevocable transfers of money to an account held by a bona fide nonprofit debt adjuster licensed pursuant

to chapter 655 of the general statutes for the benefit of creditors of the judgment debtor;

(s) Any interest of the judgment debtor in any property not to exceed in value one thousand dollars;
(t) Any interest of the judgment debtor not to exceed in value four thousand dollars in any accrued dividend or

interest under, or loan value of, any unmatured life insurance contract owned by the judgment debtor under which the insured is the judgment debtor or an individual of whom the judgment debtor is a dependent; and (u) The homestead of the judgment debtor to the value of seventy-five thousand dollars, or, in the case of a money judgment arising out of services provided at a hospital, to the value of one hundred twenty-five thousand dollars, provided value shall be determined as the fair market value of the real property less the amount of any statutory lien which encumbers it. or consensual

JD-CV-23 Rev. 4-05 (Page 2 of 2)

Case 3:00-cv-00124-SRU

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INSTRUCTIONS

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JUDGMENT CREDITOR: Complete Name of Case and Docket No.. put an "X" in the box next to the items to be answered. PERSON SERVED WITH INTERROGATORIES: Answer the questions indicated by rx. You must disclose assets of the judgment debtor up to an

amount clearly suffcient to satisfy the judgment indicated by the "Amount Due Thereon" on the attached form JD-CV-23. Place answers in spaæ provided on this form. If you need more room to answer these questions, use the space on page 2 of attached form JD-CV-23 or attach additional sheets. You must answer the questions and return them to the person named on attached form JD-CV-23 within thirty days of the date of service.
NAME OF CASE

Charter Comunications Entertainment vs. Caryr Trotta
i. JUDGMENT DEBTOR
STATE YOUR NAME, ADDRESS, AND TELEPHONE NO.

D~~æ~fuo124 (SRU)

rx
ix Are you presently employed?

r NO

r YES (If yes, complete the information below)

NAME. ADDRESS. AND TELEPHONE NO. OF YOUR EMPLOYER

YOUR JOB TITLE OR POSITION
NAME. ADDRESS OF EACH BOOKKEEPER. PAYROLL CLERK OR OTHER PERSON HAVING RECORDS OF SALARIES OR OTHER SUMS OF MONEY PAID TO YOU BY YOUR PRESENT EMPLOYER

IF YOU RECEIVE ADDITIONAL COMPENSATION FOR OVERTIME, STATE (1) RATE OF OVERTIME PAY AND (2) THE AVERAGE NO. OF HOURS OF OVERTIME YOU WORK PER WEEK

STATE THE DATE ON WHICH YOU ARE PAID FOR BOTH REGULAR AND OVERTIME WORK

IX Are you receiving any incomethe foregoing questions? disclosed in your answers to from any source not

í NO

r YES (If yes, complete the information below)

STATE THE SOURCE(S) OF SUCH INCOME I AMOUNT RECEIVED EACH WEEK
IF THERE ARE ANY PAYMENTS DUE FROM THE ABOVE SOURCE STATE (1) THE AMOUNT DUE AND (2) NAME AND ADDRESS OF PARTY FROM WHOM IT IS DUE

1\ List all banks, savings and loan associations, credit unions or other financial institutions in which you maintain an account

of any kind, giving in your answer the following: (You need only disclose assets clearly suffcient to ensure- full satisfaction

of the judgment with interest and costs.)
NAME AND ADDRESS OF INSTITUTION
NAME AND ADDRESS OF INSTITUTION

NAME IN WHICH ACCOUNT is HELD

NAME IN WHICH ACCOUNT IS HELD

ACCOUNT NO.
I PRESENT BALANCE ($) IF JOINT ACCOUNT GIVE NAME AND ADDRESS OF OTHER PERSON(S)

ACCOUNT NO.
I PRESENT BALANCE ($) IF JOINT ACCOUNT GIVE NAME AND ADDRESS OF OTHER PERSON(S)

fK List all nonexempt personal property in which you have an interest, whether legal or beneficial, which in total value is clearly suffcient
to ensure full satisfaction of the judgment with interest and costs, including but not limited to (a) cash on hand, (b) household goods and

supplies and furnishings, (c) stamp andlor coin collections and other collections, (d) wearing apparel. (e) jewelry, (f) watches, (g) automobiles, (h) trucks, (i) trailers or other motor vehicles, U) boats, motors and accessories. As to each such item of property give the

precise description and location, the approximate value of such property and whether or not such propert is subject to any form of
security interest, lien or encumbrance. If so, state the name and address of such holder of a security interest, lien or encumbrance, the nature of the instrument evidencing the same and the amount of the instrument. (If additional space is necessary, attach a separate sheet to this form.)

IX State whether any of your nonexempt personal property is in the hands of a third person, If so, describe the property involved, the

person or persons so holding the property, the reason the property is so held and any consideration that may have passed therefor.

JD-CV-23a (Page 1 of 2) Rev. 6-2000

www.jud.state.ct.us

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rx List all real estate in your name which in total value is clearly sufficient to ensure full satisfaction of the judgment with interest and costs (where possible give street address).

fO List your accounts receivable which in total value are clearly sufficient to ensure full satisfaction of the judgment with interest and costs giving a) the name of the party, b) the amount owed, and c) the date the debt was incurred. (If additional space is needed, attach a separate sheet to this form.)

II. EMPLOYER
r Is the Judgment Debtor employed by you?
YOUR NAME, ADDRESS. AND TELEPHONE NO.
EMPLOYEE'S NORMAL WORKING HOURS
I EMPLOYEE'S GROSS SALARY PER HOUR, WEEK. MONTH, OR YEAR THE DATES ON WHICH EMPLOYEE IS PAID FOR BOTH REGULAR AND OVERTIME WORK

i- NO i- YES (If yes, complete the information below)

NAME, ADDRESS, AND TELEPHONE NO. OF THE BOOKKEEPER. PAYROLL CLERK OR OTHER PERSON WHO DISBURSES EMPLOYEE'S WAGES OR SALARY

IIi. FINANCIAL INSTITUTION

r Does the Judgment Debtor maintain an account of any kind with your institution? r NO rYES
(If yes, complete the information below. You may disclose only whether you hold funds of the judgment debtor on account and the balance of such funds if so held, up to the amount necessary to satisfy the judgment.)
YOUR NAME, ADDRESS, AND TELEPHONE NO.
NAME. ADDRESS. AND TELEPHONE NO. OF YOUR INSTITUTION

ACCOUNT NO. OF EACH ACCOUNT
I NAME IN WHICH THE ACCOUNT IS HELD

PRESENT BALANCE IN EACH ACCOUNT

IF JOINT ACCOUNT, THE NAME AND ADDRESS OF THE OTHER PERSON(S)

IV. THIRD PERSON IN POSSESSION OF JUDGMENT DEBTOR'S PROPERTY

r Are you in possession of nonexempt personal property belonging to the judgment debtor? i- NO
(If yes, complete the following information.)
YOUR NAME, ADDRESS, AND TELEPHONE NO.

rYES

DESCRIBE THE PROPERTY, THE REASON YOU ARE HOLDING IT AND ANY CONSIDERATION THAT MAY HAVE PASSED FOR YOUR HOLDING THE PROPERTY.

LOCATION OF THE PROPERTY

V. SIGNATURE OF PERSON COMPLETING THIS FORM OR AUTHORIZED AGENT

IX NOTE: Interrogatories served on a judgment debtor shall be signed by such debtor under penalty of false statement. SIGNED (Person completing form or authorized agent) PRINT NAME OF PERSN SIGNING AT LEFT DATE SIGNED
JD-CV-23a (Page 2 of 2) Rev. 6-2000

Case 3:00-cv-00124-SRU

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SENDER: COMPLETE-THIS SECTION

;r:

. Complete items 1, 2, and 3. Also complete item 4 if Restricted Delivery is desired.
. Print your name and address on the reverse

so that we can return the card to you.
. Attach this card to the back of the mail

piece,
D. Is delìvery address dif nt frm item 1?

or on the front if space permits.
1. Aricle Addressed to:
If YES. enter delìve address below:

o Agent o Addressee

DYes
o No

~

Caryn Trotta
15263 SW 471h Terrace

Ocala, FL 34473

3. Servi ype

ertified Mail
o Registered
o Insured Mail

o Express Mail
o Return Receipt for Merchandise
o

C.O.D.

4. Restricted Delivery? (Extra Fee)

DYes

2. Article Number (Copy from service label)

ìOO ìS3D ~()\ 5l\j,, D~.3 ~
PS Form 3811, July 1999 Domestic Return Receipt
102595-00-M-0952